COMMISSION MEETING
THURSDAY, FEBRUARY 8, 2007
PRESENT: W. SCOTT
BIAS, PRESIDENT
ROBERT
L. BAILEY, COMMISSIONER
NANCY
CARTMILL, COMMISSIONER
WILLIAM
T. WATSON,
STEPHEN
ZOELLER,
SHARON
ROSS, ASSISTANT
FOR
BILLABLES AND PAYABLES
CHRIS
TATUM, ASSISTANT
FOR
PERSONNEL AND PURCHASING
W. Scott Bias, President, called the regular meeting of the Cabell County Commission to order at 10:00 a.m.
APPROVE:
Nancy Cartmill, Commissioner, moved to approve the agenda as presented. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, moved to approve purchase orders #3806 B through #4053 B and pay jackets. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
Robert L. Bailey, Commissioner, requested the minutes of the January 25, 2007 Commission meeting, item #009, show that Commissioner Cartmill did not abstain from voting that she had voted yes to the motion.
Nancy Cartmill, Commissioner, moved to approve the minutes as corrected. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
Nancy Cartmill, Commissioner, moved to approve handwritten checks to
Mountain State Blue Cross and Blue Shield Company and
“PUBLIC HEARING”
PERTAINING TO THE PENDING MERGER OF THE PEA
RIDGE PUBLIC SERVICE DISTRICT, SALT ROCK SEWER PUBLIC SERVICE DISTRICT AND
CULLODEN PUBLIC SERVICE DISTRICT
W. Scott Bias, President, stated the purpose of this public hearing was to discuss the pending merger of the Pea Ridge PSD, Salt Rock Sewer PSD and Culloden PSD and to take comments from the audience.
THURSDAY, FEBRUARY 8, 2007
PAGE TWO
Michael Seaton, Pea Ridge PSD, stated he had been on the Board for nine years and did not believe the merger was in the best interest of the county. Mr. Seaton further stated that the Pea Ridge PSD Board had not been contacted until after the public hearing date was set and that Nick Ciccarello only spoke to the employees and not the board members. Mr. Seaton asked that the Commission have an independent cost analyst done before any action on the merger would be approved. Mr. Seaton also stated he believed the merger would raise the Pea Ridge PSD fees and he challenged the Commission to prove this was not politically motivated
Larry Legge, Guyan Estates,
stated he objected to the three minute limit for citizens registered to speak
at the hearing. Mr. Legge further stated
he believed there was a lack of information regarding this merger. Mr. Legge handed out information regarding the
Preston County Public Service District’s consolidation under the guidance of
Nick Ciccarello. Mr. Legge read several
excerpts from the hearing where
Richard Cobb,
Kathy Devoge, Alcon Representative, stated she would like to see the merger if it meant that Alcon would receive service.
Sam Cutler, Pea Ridge PSD, stated he did not believe the merger would reduce the rates and the West Virginia Public Service Commission had never denied a merger, so he would urge the Commission to study any merger very carefully before making a decision.
Charles Woolcock, Pea Ridge PSD, stated that Pea Ridge PSD had several projects in the works and they were currently doing a feasibility study on extending service on Route 2 near Alcon. Mr. Woolcock further stated a letter was sent to the Commission regarding the Pea Ridge PSD’s stand on the merger and he asked that the Commission do a feasibility study before making any decision. Mr. Woolcock also informed the Commission he was upset at not being included earlier in the process.
Susan Meuensky, Attorney, stated
she had provided a letter and a copy of the agreement between the Salt Rock
PSD, Town of
David Shirkey, Culloden resident, stated he strongly opposed the merger because he did not believe it would work and he believed the rates would continue to rise.
Clinton Ray,
THURSDAY, FEBRUARY 8, 2007
PAGE THREE
W. Scott Bias, President, stayed he would like to make a few comments to clarify a few points and there would not be a resolution for the merger at today’s meeting. President Bias further stated that Commissioner Bailey initiated the proposed merger of the Public Service Districts and had sent Nick Cicccarello out to gather information. President Bias said that Commissioner Bailey had sent letters to the board members stating that he would meet with them. President Bias went on to say the Commission still had much to learn and they intended to take the time to do it right if the merger was feasible. President Bias stated that all though there was a three minutes limit on speakers, he did not stop anyone from going over their three minutes.
Robert L. Bailey, Commissioner, asked several members of the PSD Boards if they had received a letter from him, regarding the merger, asking them to contact him if they would like to meet with him to discuss this matter, to which the board members replied they had received letters.
Nancy Cartmill, Commissioner, stated she would like to make clear that the letter was sent to the board members, after the Commission adopted the resolution to set a date to hold the public hearing. Commissioner Cartmill went on to say she believed that all three of the Commissioners should have met with board members to discuss this matter.
W. Scott Bias, President, moved to send a letter to the Public Service Commission requesting that they do a financial analysis and comprehensive feasibility study, prior to the County Commission voting to merge the three sewer PDS’s, and to give the County Commission the final decision before the merger was put in place and in the event that the study cannot be done, prior to the County Commission voting to proceed, that the PSC agrees to give the County Commission the final decision before the merger. Robert L. Bailey, Commissioner, seconded the motion.
Commissioner Bailey stated that if the rates would not be reduced, he would not vote for the merger.
Ron Flora, Attorney for Pea Ridge PSD and Culloden PSD, stated he believed a feasibility study was a good idea, however, he believed by law, that once you passed a resolution and it went to the Public Service Commission, they would have jurisdiction over the merger.
Commissioner Cartmill stated she would like an independent group to do the feasibility study and not the West Virginia Public Service Commission or anyone connected to the Public Service Districts.
President Bias called for a question on the motion to send a letter to the Public Service Commission and the vote was as follows:
W. Scott Bias, President aye
Robert L. Bailey, Commissioner aye
Nancy Cartmill, Commissioner nay
THURSDAY FEBRURY 8, 2007
PAGE FOUR
#017 RESOLUTION,
CABELL
RE: IN THE MATTER OF THE PLEDGING OF
COLLATERAL BONDS BY FIRST SENTRY BANK
Nancy Cartmill, Commissioner, moved to approve the pledging of collateral
bonds by First Sentry Bank. Robert
L. Bailey, Commissioner, seconded the motion and the vote was unanimous. Exhibit
(A)
#018 LETTER,
CHRISTOPHER
ATTORNEY
RE: EMPLOYMENT
Robert L. Bailey, Commissioner, moved to approve the employment of Ryan A. Muth as a victim advocate for the Prosecuting Attorney’s Office, with a rate of pay of $22,300.00 per year, effective February 8, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#019 LETTER,
KIM WOLFE, SHERIFF
RE: EMPLOYMENT
Robert L. Bailey, Commissioner, moved to approve the full-time employment of Alice A. Casey as a secretary for Law Enforcement, with a rate of pay of $23,755.32, effective February 12, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#020 ESTATE
OF CHARLES R. CAMPBELL, DECEASED
RE: PETITION OF EXECUTRIX TO APPROVE FINAL
ACCOUNTING AND RELEASE ESTATE
Audy Perry, Attorney for Suzanne Campbell, stated Mr. Campbell had passed away with unsecured credit card debts, therefore, he requested the Commission release Mr. Campbell’s estate as the debts far exceeded the assets.
William Watson,
Nancy Cartmill, Commissioner, moved to approve the petition for final accounting and release of the Estate of Charles R. Campbell. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
THURSDAY, FEBRUARY 8, 2007
PAGE FIVE
#021 RESOLUTION, CABELL
RE: RECLASSIFICATION – CCEMS
Robert L. Bailey, Commissioner, moved to approve the reclassification of Darrell Brent Williams as an Assistant Supervisor for CCEMS, with a rate of pay of $10.18 per hour, effective February 8, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#022 RESOLUTION,
CABELL
RE: EMPLOYMENT – CAFÉ
Robert L. Bailey, Commissioner, moved to approve the employment of Dianne McCoy for the Café Down Under, with a rate of pay of $8.00 per hour, effective February 12, 2007. Nancy Cartmill, Commissioner, seconded the motion and the vote was unanimous.
#023 AGREEMENT,
CABELL
RE: USE OF COURTHOUSE GROUNDS PERMIT
EASTER EGG HUNT – CENTRAL FREEWILL
BAPTIST
CHURCH – APRIL 7, 2007 – 10:00 A.M. TO
12:00 NOON
Nancy Cartmill, Commissioner, moved to allow the use of the Courthouse
grounds by the
#024 RESOLUTION,
CABELL
RE: APPOINTMENT
Michael Seaton, Pea Ridge Public Service District, stated he would like to be reappointed to the Pea Ridge PSD as he believed that in the nine years he had been on the Board, the PSD had improved considerably.
Nancy Cartmill, Commissioner, moved to reappoint Michael Seaton to the Pea Ridge Public Service District. Motion died for a lack of a second.
Robert L. Bailey, Commissioner, moved to appoint J.R. Blankenship as a
member of the Pea Ridge Public Service District, for a six year term beginning
immediately and ending
February 7, 2013. W. Scott
Bias, President, seconded the motion and the vote was as follows: Exhibit (B)
W. Scott Bias, President aye
Robert
L. Bailey, Commissioner aye
Nancy
Cartmill, Commissioner nay
THURSDAY, FEBRUARY 8, 2007
PAGE SIX
#025 RESOLUTION,
CABELL
RE: REAPPOINTMENT
Robert L. Bailey, Commissioner, moved to reappoint Coleman Goodman as a
member of the Salt Rock Sewer Public Service District, for a term beginning
immediately and ending February 7, 2013.
W. Scott Bias, President, seconded the motion and the vote was as
follows: Exhibit
(C)
W. Scott Bias, President aye
Robert
L. Bailey, Commissioner aye
Nancy
Cartmill, Commissioner nay
#026 RESOLUTION
AND CONTRACT GRANT AGREEMENT,
CABELL
RE: GOVERNOR’S HIGHWAY SAFETY COMMITTEE,
WV DEPARTMENT OF TRANSPORTATION,
DIVISION
MOTOR VEHICLES - $33,250.00
Kim Wolfe, Sheriff, stated this grant would be to place video cameras in law enforcement vehicles.
Nancy Cartmill, Commissioner, moved to approve the grant agreement, in
the amount of $33,250.00, from the Governor’s Highway Safety Committee. Robert L. Bailey, Commissioner, seconded
the motion and the vote was unanimous. Exhibit (D)
#027 RESOLUTION,
CABELL
RE: IN SUPPORT OF HOUSE BILL 2717 – IMPROVING
RETIREMENT BENEFITS FOR EMTs AND
PARMEDICS
Nancy Cartmill, Commissioner, moved to approve the support of House Bill 2717 regarding retirement benefits for EMTs and Paramedics. Robert L. Bailey, Commissioner, seconded the motion and the vote was unanimous.
#028 DISCUSSION/ACTION
RE: CHARGING LIQUIDATED DAMAGES FOR CCEMS
CONSTRUCTION PROJECT
Gordon Merry, CCEMS Director, stated he would like authorization from the Commission to pursue liquidated damages from the contractor who had been very slow to complete the Gallagher Village Station.
THURSDAY, FEBRUARY 8, 2007
PAGE SEVEN
Mr. Merry informed the Commission the substantial completion was scheduled for November 22, 2006, but was not met until January 5, 2007. Mr. Merry went on to say that final completion was scheduled for February 5, 2007 and the contractor was unable to meet that date.
Nancy Cartmill, Commissioner, moved to approve authorization to pursue
liquidated damages from the contractor for the
Stephen Zoeller,
W. Scott Bias, President,
adjourned the meeting at 11:30 a.m., until the next scheduled meeting on
Thursday, February 22, 2007, at 10:00 a.m.
_____________________________________________
PRESIDENT,
KSC:ar